[00:00:02] HELLO EVERYBODY. THE MARCH 5TH, [1. CALL TO ORDER / ROLL CALL / DETERMINATION OF A QUORUM] 2026 HEARING OF THE CITY OF FERNANDINA BEACH CODE ENFORCEMENT AND APPEALS BOARD IS NOW CALLED TO ORDER. BOARD SECRETARY, COULD YOU PLEASE CALL THE ROLL? MEMBER THOMPSON? HERE. MEMBER POSTMA? HERE. MEMBER FOTIADES? HERE. I'M SORRY, VICE CHAIR FOTIADES. CHAIR STINES? HERE. SO WE'LL START OFF WITH A PLEDGE OF ALLEGIANCE, AND THEN AFTERWARDS WE COULD HAVE MEMBER THOMPSON, GIVE US AN INVOCATION. I'D APPRECIATE IT. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. LET US PRAY. OUR FATHER, OUR GOD, WE COME TONIGHT, O LORD, AND WE JUST SAY, THANK YOU FOR LIFE, OUR HEALTH AND STRENGTH. FATHER, WE THANK YOU FOR YOUR MANY BLESSINGS, FOR YOUR MULTITUDE OF... TENDER MERCIES. NOW, LORD, WE INVOKE YOUR PRESENCE HERE AT THE MEETING OF THE FERNANDINA BEACH CODE ENFORCEMENT AND APPEALS BOARD, LEADING GOD IN A MANNER THAT'S PLEASING AND NOT SIDING. WE'LL GIVE YOU THE PRAISES, THE HONOR, AND THE GLORY. IT'S IN JESUS' NAME, WE PRAY. LET EVERY HEART SAY, AMEN. THANK YOU. HAS EVERYONE HAD A CHANCE [3. APPROVAL OF MINUTES] TO REVIEW THE MINUTES FROM OUR MEETING ON FEBRUARY 5TH? YES. AND ARE THERE ANY CHANGES OR ANY CHANGES YOU'D LIKE TO MAKE? I SAW NONE. ANYONE? NO. OKAY. I'D ENTERTAIN A MOTION TO ENTER IN THE MINUTES. MOTION TO ENTER. SO MOVED. OKAY. ALL IN FAVOR, SAY AYE. AYE. OPPOSED NAY. OKAY. THE MINUTES SHOULD BE ENTERED INTO THE RECORD. THANK YOU. ARE THERE ANY CHANGES TO THE AGENDA? THERE ARE NO CHANGES, BUT I CAN SAY THAT. ONE CASE IS HERE, IF WE CAN MOVE THAT UP. OKAY, WHICH CASE IS THAT, PLEASE? JASON LUKE, ITEM 5.3. OKAY. IF OUR BOARD ATTORNEY COULD GO OVER, THESE ARE CLAUSE-Y JUDICIAL HEARINGS, SO IF YOU COULD GO OVER, ATTORNEY PRINCE, AND LET US UNDERSTAND THAT PROCESS. OKAY, CERTAINLY. IT'S A QUICK. THESE HEARINGS TONIGHT ARE QUASI JUDICIAL HEARINGS BY STATE AND CASE LAW, AND IT'S LESS FORMAL IN A COURT HEARING. BUT IT IS SIMILAR IN PROCEDURES AND EVIDENTIARY MATTERS AND REQUIRES THE CODE ENFORCEMENT OFFICER, THE PROPERTY OWNER AND WITNESSES. IF THEY NEED TO TESTIFY UNDER OATH, SO IT AT THE PROPER TIME WILL BE ASKING YOU TO TAKE AN OATH. THE CODE ENFORCEMENT OFFICER WILL PRESENT THE CASE AND EVIDENCE OF THE VIOLATION TO THE VIOLATIONS OF THE CODE AND OR THE LAND DEVELOPMENT CODE. AND THEN THE PROPERTY OWNER MAY PROVIDE A RESPONSE AND HAS THE RIGHT TO PRESENT EVIDENCE. BOTH PARTIES HAVE THE RIGHT TO CALL WITNESSES AND QUESTION EACH OTHER. THE BOARD IS THE FINDER OF FACT AND WILL EVALUATE THE TESTIMONY AND THE EVIDENCE AND THEN DETERMINE IF A VIOLATION EXISTS. BASED ON THE EVIDENCE AND TESTIMONY IN THE RECORD AND PRESENTED AT THE HEARING, THE ORDER OF RELIEF INCLUDES COMPLIANCE FINES, WHICH CAN INCLUDE ADMINISTRATIVE FEES OR BOTH, OR OUTCOMES OF, COULD BE OUTCOMES OF TONIGHT'S HEARING. FLORIDA LAW REQUIRES THAT THE BOARD'S DECISION IN AN QUASI-JUDICIAL ACTION BE SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCE PRESENTED TO THE BOARD DURING THE HEARING ON THE CASE AND IN THE BACKUP PROVIDED IN THE BINDERS. THE ORDER OF COMPETENT SUBSTANTIAL EVIDENCE IS SUCH EVIDENCE AS A REASONABLE MIND WOULD ACCEPT AS ADEQUATE TO SUPPORT A CONCLUSION. THERE MUST BE A FACTUAL BASIS IN THE RECORD TO SUPPORT OPINION TESTIMONY FROM BOTH EXPERT AND NON-EXPERT WITNESSES. GENERAL OBJECTIONS WITHOUT SPECIFIC EVIDENCE DOES NOT CONSTITUTE SUBSTANTIAL COMPETENT EVIDENCE. THE ONLY MATERIAL OR RELEVANT EVIDENCE IS THAT WHICH ADDRESSES THE STATUTE OR THE CODE REQUIREMENTS AND VIOLATIONS. EMAIL COMMUNICATIONS RECEIVED MAY BE INCLUDED IN THE RECORD AS LONG AS THEY'RE RECEIVED BY NOON ON THE DAY OF THE HEARING. WITHOUT MORE, AND THEY'RE NOT COMPETENT, SUBSTANTIAL EVIDENCE WITHOUT MORE COLLABORATION. IF THEY HAVE BEEN RECEIVED BY NOON, THEY CAN BE IN THE PACKET AND PART OF THE PUBLIC RECORD. THE PROPERTY OWNER IS ENTITLED TO BE REPRESENTED BY COUNSEL. IF I DO KNOW THAT THERE IS A PROPERTY OWNER IN THE ROOM, IF THE PROPERTY OWNER DESIRES A CONTINUANCE TO OBTAIN COUNSEL, PLEASE COME FORWARD AND REQUEST THAT AT THIS TIME. OR LET US KNOW IF YOU'D LIKE TO PROCEED. WOULD YOU LIKE TO PROCEED WITH YOUR HEARING TONIGHT? THANK YOU. ALL RIGHT, MR. CHAIR, WITH THAT, IF YOU'D LIKE TO ASK FOR THE QUASI-JUDICIAL DISCLOSURES AT THIS TIME. IF ANYONE SPOKE WITH ANY OF THE PROPERTY OWNERS OR ANYTHING. OF THE EX PARTE, YES. YES, THE EX PARTE. THANK YOU. YEAH, SO IF ANY MEMBERS WANT TO DISCLOSE ANY. PARTAY [00:05:01] COMMUNICATIONS REGARDING THE CASES TO BE HEARD TONIGHT? NO, SIR. OKAY. LET IT BE KNOWN THAT ALL MEMBERS HAVE ANSWERED NO. OLD BUSINESS. WE DID GET A [4.1 The Board Procedures are presented for approval.] PACKET OUT THAT SHOWS NEW CODE ENFORCEMENT AND APPEALS BOARD PROCEDURES. HAVE MEMBERS OF THE BOARD HAD A CHANCE TO REVIEW IT? OKAY. I HAVE. I THINK IT'S OILING THE DECK FURNITURE ON THE TITANIC, RIGHT, MAY I, MR. CHAIR? YES, PLEASE. SO WE DIDN'T MAKE THE CHANGES FROM THE LAST MEETING THAT WERE REQUESTED, SO YOU DID SEE THESE AT THE LAST MEETING? AND ONE OF THE THINGS THAT WILL HAPPEN IS, I MEAN, OBVIOUSLY A MAGISTRATE COULD CHANGE THESE, BUT THESE WILL ALSO BE READ BY THE MAGISTRATE INTO THE RECORD. I, YOU KNOW, WITH US PUTTING ALL THIS EFFORT INTO IT, I DON'T KNOW THAT THEY WOULD CHANGE IT, BUT THIS IS WHAT WE WOULD PROVIDE TO THE MAGISTRATE GOING FORWARD. SO IF YOU JUST FOR THIS MEETING AND NEXT MEETING, IF YOU WANT TO VOTE ON THESE, TO ACCEPT THEM. THE CHANGES THAT YOU REQUESTED LAST TIME WERE MADE, THAT WAS THE EMAILS CAME IN BY NOON. WE. ALSO THERE WAS A REQUEST THAT IF SOMEBODY PUT EVIDENCE IN THE RECORD, THAT THEY CONFIRMED THAT IT WASN'T ALTERED OR ANYTHING LIKE THAT. SO THAT IS WHY WE MOVED IT FORWARD, IS THIS IS SOMETHING THAT A MAGISTRATE WILL ALSO READ INTO THE RECORD WHEN WE MOVE TO THAT PROCESS. SO IF YOU HAVE ANY COMMENTS, IF YOU'D LIKE TO VOTE ON IT TONIGHT, YOU CAN, AND WE CAN JUST USE IT FOR THIS MEETING AND NEXT MEETING. OKAY, SO PROBABLY WOULD BE BEST TO LOOK AT IT AT THE NEXT MEETING AND GIVE US AN OPPORTUNITY. NOT ALL MEMBERS HAVE REFUSED IT. OKAY. SO SEND IT TO US, OR IT'S ON THE WEBSITE. IT WAS IN THE PACKET. IT WAS SENT WITH THE AGENDA PACKET, BUT IT'S IN THAT FOLDER AS WELL. I SEE. OKAY. ALL RIGHT. AND WE TALKED ABOUT IT AT THE LAST MEETING, AND A COUPLE OF REQUESTS WERE MADE FOR CHANGES, BUT AT THAT MEETING, YOU HAD JUST BEEN HANDED IT AT THE MEETING. YOU HAD HAD NO TIME TO READ IT. BUT WE CAN CIRCULATE IT AGAIN. APRIL 2ND, WILL THAT BE OUR NEXT MEETING? CORRECT. OKAY. CAN WE PUT THAT THEN ON FOR APRIL 2ND, AND IF ALL MEMBERS COULD REVIEW? THANK YOU, MR. CHAIRMAN. THANK YOU. I THINK NOW WE SHOULD PROBABLY HAVE A SWEARING IN OF THE WITNESSES. WHOEVER PLANS ON SPEAKING TONIGHT WILL NEED TO BE SWORN IN, BOTH FOR THE CITY AND THE WITNESSES WHO ARE HERE TO TESTIFY. SO IF YOU COULD, PLEASE STAND. PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY AND OR EVIDENCE YOU ARE ABOUT TO GIVE AND OR PRESENT IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES. OUR FIRST [5.3 JASON LUKE, 310 N. 15TH ST., CASE 2025-0628.] CASE THAT WE'LL HEAR, BUT BEFORE WE GET STARTED, I JUST WANT TO KNOW, FROM THE CODE ENFORCEMENT OFFICER, IS THERE ANY EVIDENCE THAT YOU'D LIKE TO ENTER INTO THE RECORD FOR TONIGHT? YES, IF THAT IS OKAY. OKAY. IS THAT OKAY? DO I NEED TO REPEAT THAT? RIGHT, OKAY. YEAH, I WOULD LIKE TO ENTER ALL THE STAFF, REPORT, PICTURES AND ALL EVIDENCE INTO THE RECORD. OKAY. OUR FIRST CASE IS JASON LUKE, 310 NORTH 15TH STREET. CASE NUMBER IS 2025-0628. MY NAME IS CRYSTAL RIMES. I'M A CODE ENFORCEMENT OFFICER FOR THE CITY OF FERNANDINA. THIS CASE BEGAN ON OCTOBER 28TH. THE INITIAL INSPECTION WAS CONDUCTED BY OFFICER WELLS AND I. THE PROPERTY WAS, AT THAT TIME, WE OBSERVED VIOLATIONS OF SECTION 42-117 EXTERIOR STRUCTURE AND 42-116 DUTY TO MAINTAIN PROPERTY. A COURTESY NOTICE DOOR HANGER WAS LEFT ON THE FRONT DOOR, ALLOWING 30 DAYS FOR COMPLIANCE, AND PHOTOGRAPHS WERE TAKEN. NOVEMBER 22ND, A NOTICE OF VIOLATION, NOTICE OF HEARING. WAS MAILED CERTIFIED, PROVIDING 30 DAYS FOR COMPLIANCE, AND A HEARING WAS SCHEDULED FOR, OR THE HEARING WAS SCHEDULED FOR MARCH 5TH. ON DECEMBER 17TH, THE FOLLOW-UP INSPECTION WAS CONDUCTED AND THE PROPERTY REMAINED IN VIOLATION. JANUARY 2ND THE CERTIFIED RETURN RECEIPT CAME BACK UNCLAIMED, SO ANOTHER LETTER WAS POSTED ON THE PROPERTY ON JANUARY 6, 2026. FEBRUARY 6TH, THE POSTING INSPECTION WAS CONDUCTED AND THE PROPERTY REMAINED IN VIOLATION. AND A PRE-AGENDA INSPECTION WAS CONDUCTED ON FEBRUARY 24TH. THE RESPONDENT HAS BEEN PROVIDED MULTIPLE [00:10:01] OPPORTUNITIES TO COME INTO VOLUNTARY COMPLIANCE, INCLUDING A WRITTEN COURTESY NOTICE, CERTIFIED NOTICE, AND POSTING OF THE PROPERTY. DUE PROCESS REQUIREMENTS HAVE BEEN SATISFIED, AS THE MOST RECENT INSPECTION, THE PROPERTY DID REMAIN IN VIOLATION. TODAY I DID DO AN INSPECTION AND THE VIOLATION 42-116 HAS BEEN RECTIFIED AND THAT IS NOW IN COMPLIANCE. BUT 42-117 WOULD BE EXTERIOR STRUCTURE. THERE ARE STILL A FEW ITEMS THAT NEED TO BE CORRECTED ON THAT AS WELL. BUT THE CITY RECOMMENDS A MOTION TO BE MADE TO FINE THE RESPONDENT IN VIOLATION OF SECTION 42.117, EXTERIOR STRUCTURE MAINTENANCE. ALLOWING 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY APRIL 4, 2026. THE CITY ALSO RECOMMENDS A MOTION TO BE MADE THAT ALL ADMIN FEES TO BE PAID BY THE RESPONDENT IN A FINE OF $25 PER DAY. NOT TO EXCEED OR TAKE THAT OUT. SORRY. TO BEGIN ON APRIL 5, 2026. OKAY. CITY REST. SWEAR IN. DOES THE BOARD HAVE ANY QUESTIONS FOR THE CITY BEFORE WE GET? YEAH. OKAY. IS THERE A PERSON WHO WILL BE SPEAKING ON BEHALF OF THIS CASE IN ATTENDANCE TODAY? OKAY. OKAY. IF. OH, YES, MA'AM. OKAY. I'LL GET IN THERE AND I'LL GET IN THERE. TAKE YOUR TIME. I'M GOING TO BE QUICK THERE AS I GET GOING. DON'T WE ALL? YEAH, JUST TAKE SOME TIME. HOW Y'ALL DOING THIS EVENING? GOOD. GOOD EVENING. GOOD EVENING. MY NAME IS JASON LUKE FROM 310 NORTH 15TH STREET. I'D LIKE TO SAY HELLO TO MR. THOMPSON, FIRST AND FOREMOST. HOW YOU DOING, MR. THOMPSON? I HAVEN'T SEEN YOU IN A VERY LONG TIME. DOING GOOD. SO, MS. CRYSTAL, I DON'T DENY ANYTHING, SHE SAID. NOT ONE BIT. I JUST WANT TO KNOW A FEW THINGS. SO, SHE GOT ME AT A BAD TIME. MY DAD JUST RECENTLY PASSED IN DECEMBER. I WAS GOING THROUGH A LOT OF STUFF, PROBABLY ABOUT WHEN SHE STARTED. SO I DIDN'T SPEND A LOT OF TIME AT HOME. THEN YOU GOT WORK. OBVIOUSLY, THAT'S NOT THE PROBLEM. I WANT TO KNOW THAT. WHY IS IT? WHY CAN'T I LEAN TWO FENCE PANELS UP AGAINST THE FENCE OF THE FRONT YARD, OTHER THAN IT JUST BEING TWO FENCE PANELS LEANING. AM I SAYING SHE'S WRONG? I'M JUST CURIOUS. IT'S CRYSTAL. SHE'S ON PAGE 30 OF YOUR. YEAH, THEY'RE STILL THERE. SHE'S NOT. JUST KIND OF SCOPE IT OUT. I'M GOING TO FIX EVERYTHING, SHE SAID, BY THE WAY. HE KNOWS HOW TO FIX THAT. EVERYTHING SHE SAID, I'M GOING TO HAVE HER DONE. I JUST QUESTION WHY THAT'S A VIOLATION. SORRY, GIVE ME JUST ONE SECOND. I JUST WANT TO MAKE SURE I'M QUOTING THE RIGHT SECTION. SO I KNOW, I WANT TO GO AND LOOK AT THE CORRECTIVE ACTIONS. GIVE ME JUST ONE MOMENT. BUT I WILL FIX IT. I WILL FIX IT ALL, MS. CRYSTAL. I PROMISE YOU. THANK YOU. JUST QUESTIONS. I JUST GOT QUESTIONS. YEAH, NO, ABSOLUTELY. THIS IS UNDER THE PROPERTY MAINTENANCE CODE. OKAY. SO IT IS OUR CODE OF ORDINANCES, AND IT'S 42-17. IT'S DISCUSSING THE EXTERIOR STRUCTURE, THE OVERALL MAINTENANCE OF IT. AND EVERYTHING HAS TO BE STRUCTURALLY SOUND AND OPERATIONAL, WORKING IN GOOD CONDITION. YOU'RE TALKING ABOUT THE PORTION THAT RIGHT NOW, THE WAY WE'RE CONSIDERING IT IS THAT IT'S A BROKEN FENCE PANEL. AND THE BROKEN FENCE PANEL HAS BEEN TOSSED TO THE SIDE AND IT'S LEANING AGAINST IT. NOW, IF YOU WANTED TO REMOVE THAT AND LEAVE THAT PORTION OPEN, THAT WOULDN'T BE A VIOLATION. OKAY. BUT THE WAY THAT IT'S SITTING NOW, IT LOOKS LIKE IT IS. THIS IS UNSIGHTLY. IN A SENSE, BUT IT LOOKS LIKE IT IS NOT IN OPERATING CONDITION. IT LOOKS LIKE IT'S A BROKEN FENCE AT THIS POINT. DO YOU HAVE ANYTHING YOU WOULD LIKE TO ADD? YOU DO? I HAVE A QUESTION. ARE THESE TANKS HERE OPERABLE? ARE THEY DISCONNECTED? NO, THEY'RE OPERABLE TO A GENERATOR, A WHOLE HOME GENERATOR. I'M JUST [00:15:05] GOING TO SHARE WITH YOU. OKAY. MICHELLE FORSTER, I'M CODE ENFORCEMENT DIRECTOR FOR THE CITY OF FERNANDINA BEACH. THERE'S A COUPLE OF THINGS. HURRICANE SEASON IS GOING TO BE HERE BEFORE YOU KNOW IT. I UNDERSTAND. THAT'S PROBABLY. NUMBER ONE, WE DON'T WANT THAT THING SHOOTING INTO SOMEBODY'S WINDOW. WHEN IT'S JUST LEANING LIKE THAT, IT'S ALMOST OUTDOOR STORAGE, BECAUSE THERE'S NO USE FOR IT RIGHT NOW. SO YOU'VE GOT A COUPLE OF THINGS. AND THEN, OF COURSE, THE MAINTENANCE OF THE FENCE ITSELF. SO YOU'VE JUST GOT TO FIGURE OUT, DO YOU WANT TO LEAVE THAT OPEN AS AN ENTRANCE OR SOMETHING, OR DO YOU REALLY WANT TO DO SOMETHING WITH THAT PANEL? OKAY. YES, MA'AM. THAT'S SUFFICIENT. OKAY, LET ME DEAL WITH THAT. OH, I DON'T WANT TO DO THAT. NO, NO, THAT'S OKAY. IT GETS ON THE GROUND. SO MY OTHER QUESTION IS, THERE'S A RESURRECTION FERN, AND I DON'T KNOW IF Y'ALL KNOW WHAT A RESURRECTION FERN IS, BUT SOMETIMES THEY CAN BE HARD TO GET RID OF. AND IT'S ON THE LEFT SIDE OF THE HOUSE. IT'S ABOUT A FOOT LONG. I MEAN, IS THAT CONSIDERED ELAPIDATED? A RESURRECTION, FERN? FERN, YEAH. IT'S A LITTLE TINY ONE. IT ACTUALLY SHRIVELS UP AND YOU CAN'T EVEN SEE IT UNTIL IT RAINS, AND THEN IT BLOOMS BACK OUT. THEY LIVE ABOUT 100 OR SOMETHING. AND WHERE IS THIS LOCATED? THAT'S THE STUFF THAT YOU SAID THAT WAS IN THE... ON THE TOP OF THE ROOF? IN THE VEGETATION, ON THE ROOF OR SOMETHING. YES. IT'S ABOUT THAT LONG. YEAH, THERE WAS A FEW LITTLE AREAS THAT I KNOW THAT VEGETATION WAS GROWING. AND I DID NOTICE IN THE COLDER MONTHS THAT THEY ALMOST VANISHED. YEAH, BECAUSE WE'RE IN A DROUGHT. RIGHT. THAT'S WHY THEY'RE HARD TO GET, BECAUSE THEY SHRIVEL UP TO NOTHING UNTIL WATER HITS THEM, AND THEN THEY GO BACK OUT GREEN AGAIN. I UNDERSTAND. SO, IDEALLY, WE WOULD RATHER NOT SEE VEGETATION GROWING ON THE ROOF, BECAUSE OVERALL IT CAN HURT THE STRUCTURE OF THE ROOF ITSELF AND GROW UNDERNEATH. AND START CAUSING... IT COULD CAUSE FURTHER DAMAGE, AND THAT'S A PART OF THE REPAIR, REPLACE BROKEN WINDOW AND ROTTEN WOOD TRIM AS WELL. THE WINDOW IS TO PROTECT THE INTERIOR STRUCTURE, YOU KNOW, REPAIRING THAT, AND THEN THE WOOD IS ALSO. YOU WANT TO HAVE IT PAINTED OR SEALED. TO PROTECT THE INTEGRITY, THE OVERALL STRUCTURE AND STRUCTURAL INTEGRITY OF THE BUILDING ITSELF. SO THAT'S REALLY OUR FOCUS. AND I MEAN, I UNDERSTAND IF YOU HAVE AN ISSUE WITH TRYING TO GET THEM PERMANENTLY REMOVED, BUT ANY INDICATION OF TRYING TO REMOVE THEM IS REALLY DIFFICULT. THEY ARE. THEY GET IN A CREVICE AND YOU DON'T KNOW THEY'RE THERE UNTIL, IF YOU'RE NOT AT HOME A LOT AND YOU DON'T SEE THEM, GET WET. THEY LITERALLY, YOU SPRAY WATER ON THE HOSE AND THEY ALMOST TURN GREEN WITHIN THIS DAY. WOW. THEY LOOK LIKE TINY LITTLE FERNS. WELL, YEAH, I HAVE. NOW THAT I KNOW WHAT THEY'RE CALLED. REDS ARE REDS AND FERNS BECAUSE THEY COME BACK AS SOON AS THEY GET WATER. I SEE. INTERESTING. AND THEY LIVE LIKE 100 YEARS. SO I UNDERSTAND. SO CAN I HAVE SOME EXTRA TIME? WELL, ARE THERE ANY OTHER QUESTIONS THAT YOU HAVE FOR THE CITY? NO, SHE ANSWERED THEM ALL. OKAY. WELL, I'LL CLOSE THE WE GET THE QUESTIONS. YEAH. DO YOU WANT A QUESTION, ANDY? BEFORE WE GO, WELL, MY FIRST QUESTION IS, HOW MUCH TIME ARE YOU GOING TO NEED? I DON'T KNOW. I THINK THE WINDOW WOULD PROBABLY BE THE HARDEST THING FOR ME. I MEAN, AT LEAST THREE OR FOUR WEEKS, I IMAGINE, FOR ME TO GET MYSELF. A MONTH WOULD BE FAIR. I'LL GET IT DONE IN A MONTH. OKAY. LIKE I SAID, I JUST WANT TO GET YOUR OPINION ON IT. YES, SIR. IF A MONTH IS GOOD. PROBABLY DO IT IN A MONTH. OKAY. I'M DONE. WHAT IS THE CITY'S RECOMMENDATION AGAIN? TO FIND IN VIOLATION OF 42-17, 30 DAYS TO BRING IN COMPLIANCE BY APRIL 4TH, 2026. AND THEN I RECOMMEND A MOTION TO BE MADE THAT ALL ADMINISTRATIVE FEES AND A FINE OF $25 PER DAY. WHAT ARE THE FEES? 25. NO, WHAT ARE THE VALUES? OH, I APOLOGIZE. THEY RIGHT NOW ARE AT 258 83. I'M GOING TO CLOSE THE PUBLIC HEARING OF THIS SO WE CAN GO AHEAD AND FIGURE OUT. OKAY, FEEDBACK, [00:20:03] GENTLEMAN'S ASKED FOR A MONTH, THE CITY'S RECOMMENDED A MONTH, THAT'S OKAY, THAT'S FAIR. YEAH, PLEASE, SIR, HAVE A SEAT. THANK YOU, MR. LUKE, FOLLOW CRYSTAL'S ADVICE. HE SEEMS TO KNOW EXACTLY WHAT THE PROBLEMS ARE. HE'S GOING TO FIX THEM. OKAY? REVEREND? I'M GOING TO CALL THIS JASON. SIR. I JUST WANT YOU TO KNOW I'M SORRY. I HEARD ABOUT THE PASSING OF YOUR FATHER. I APPRECIATE THAT. AND WE GO WAY BACK. YES, SIR. WE APPRECIATE YOU. YOU SURE A MONTH IS GOING TO BE ENOUGH? I'LL GET IT DONE. GET IT DONE? WHO'S ALWAYS BEEN A MAN OF HIS WORD, I BELIEVE HE'LL GET IT DONE. OKAY, DO WE HAVE A MOTION? I'D LIKE TO MOVE TO ACCEPT THE CITY'S RECOMMENDATION. I HAVE TO READ IT, RIGHT? YEAH. CITY'S RECOMMENDATION THAT THE RESPONDENT WAS IN VIOLATION OF CODE ORDINANCE. 42 117, THAT'S THE ONLY ONE RIGHT BEFORE, YES? GIVING THE PROPERTY OWNER 30 ADDITIONAL DAYS TO COME IN COMPLIANCE BY APRIL 4TH, 2026. THE CITY ALSO RECOMMENDS THAT A MOTION BE MADE THAT THE ADMINISTRATION FEES BE PAID BY THE RESPONDENT. IN A FINE OF 25 DAYS THAT WOULD ONLY $25 A DAY. IT WOULD ONLY KICK IN AFTER APRIL 5TH. PLEASE LET US KNOW IF THAT DATE CREEPS UP ON YOU. YOU CAN CERTAINLY MOVE THAT. BEGUN APRIL 5TH, 2026. I'LL SECOND THE MOTION. OKAY. I'M SORRY, WHO SECONDED THE MOTION? THANK YOU. VICE CHAIR. OKAY. OKAY, SO MEMBER THOMPSON? YES. MEMBER POSTMA? YES. VICE CHAIR FOTIAGE? YES. CHAIR STINES? YES. OKAY, SO FOR A MOTION TO FIND THE RESPONDENT IN VIOLATION OF CODE OF ORDINANCES SECTION 42117, EXTERIOR STRUCTURE MAINTENANCE, GIVING THE OWNER ADDITIONAL 30 DAYS TO COME INTO COMPLIANCE BY APRIL 4TH, 2026, AND ALL ADMINISTRATIVE FEES BE PAID BY THE RESPONDENT AND A FINE OF $25 PER DAY. TO BEGIN ON APRIL 5TH, IF NOT IN COMPLIANCE. OKAY. VERY GOOD. MR. LUKE, THANK YOU. THANK YOU, MR. LUKE. OKAY. THE NEXT CASE [5.1 SHERRI O. SIMMONS, DARREN D. AUCK & BRYAN L. AUCK, 508 STANLEY DR., CASE 2025-0610.] THAT WE'RE GOING TO HEAR IS SHERRY SIMMONS, DARREN AUCK, AND BRIAN AUCK AT 508 STANLEY DRIVE, CASE 2025-0610. OFFICER? ALL RIGHT, SO THIS CASE BEGAN ON OCTOBER 9TH, 2025. THIS WAS INITIATED BY OFFICER WELLS, WHO IS NOW RETIRED. THE PROPERTY AT THAT TIME WAS FOUND IN VIOLATION OF SECTIONS 42-117 AND 42-116 DUE TO THE EXTERIOR STRUCTURAL DETERIORATION AND LACK OF MAINTENANCE. A VERBAL AND WRITTEN COURTESY NOTICE WAS PROVIDED TO THE RESPONDENT, MR. BRIAN AUCK. ALLOWING 30 DAYS FOR COMPLIANCE AND PHOTOGRAPHS WERE DOCUMENTED. ON NOVEMBER 10TH, A FOLLOW-UP INSPECTION WAS CONDUCTED BY OFFICER WELLS, AND THE PROPERTY REMAINED IN VIOLATION. ON NOVEMBER 21ST, I COMPLETED A CASE TRANSFER INSPECTION AND ALSO MADE CONTACT WITH MR. OCK. AND HE DID ADVISE THAT HIM AND HIS SIBLINGS OWN THE PROPERTY, AND IT PREVIOUSLY BELONGED TO ONE OF HIS PARENTS. AND HE DID NOT HAVE THE FINANCIAL MEANS TO COMPLETE THE REPAIRS. AND HE INTENDED TO DISCUSS MORE ABOUT SELLING THE PROPERTY AND OTHER OPTIONS WITH HIS SIBLINGS AND THE CO-OWNERS. SO, AT THAT TIME, AN ADDITIONAL 30-DAY EXTENSION WAS GRANTED IN GOOD FAITH, WITH THE UNDERSTANDING THAT THE OFFICE WOULD REMAIN AVAILABLE TO DISCUSS ANY PROGRESS. AND AT THAT TIME, HE DID PROVIDE ME WITH A PHONE NUMBER AND ALL CONTACT INFORMATION AS WELL. JANUARY 08, 2026. THE EXTENSION INSPECTION WAS CONDUCTED AND THE PROPERTY REMAINED IN VIOLATION. AT THAT TIME, NO UPDATE WAS PROVIDED. JANUARY 12TH, A NOTICE OF VIOLATION NOTICE OF HEARING LETTER WAS SENT CERTIFIED MAIL, ALLOWING 30 DAYS FOR COMPLIANCE [00:25:02] FOR THIS HEARING. JANUARY 26TH, 2026, THE CERTIFIED RETURN RECEIPT WAS RECEIVED BY THE CITY, SIGNED, CONFIRMING PROPER SERVICE. FEBRUARY 10TH, 2026, MR. OCK APPEARED TO THE CODE ENFORCEMENT OFFICE AND SPOKE WITH OUR ADMINISTRATIVE COORDINATOR, MS. CHERYL. ON FEBRUARY 13TH, 2026, A NOTICE OF VIOLATION, NOTICE OF HEARING FOLLOW-UP INSPECTION WAS CONDUCTED, AND AT THAT TIME THE PROPERTY WAS STILL IN VIOLATION. I MADE SURE TO GO AND KNOCK ON THE DOOR TO HAVE A CONVERSATION WITH MR. OCK, AT THAT TIME. HE REQUESTED, HE DIDN'T HAVE A WAY TO CALL OUT, SO HE REQUESTED THAT WE COMMUNICATE WITH MS. SIMMONS, WHO IS ONE OF THE CO-OWNERS OF THE PROPERTY, TO SEE IF THERE WAS ANY RESOLUTION AT THAT TIME. I MADE MULTIPLE ATTEMPTS TO CALL ON FEBRUARY 24TH, AND THE CALL WAS DISCONNECTED, AND THEN A FOLLOW-UP ATTEMPT. CALL WAS WAS ATTEMPTED AS WELL, AND THAT WAS ALSO UNSUCCESSFUL. BUT ON THE 24TH, I DID DO A PRE-AGENDA INSPECTION AS WELL. SO ON FEBRUARY 25TH, I CONDUCTED A FOLLOW-UP VISIT AND SPOKE WITH MR OCK AT THE PROPERTY, ADVISING HIM THAT STAFF HAS BEEN UNABLE TO MAKE CONTACT WITH THE SIBLING. DESPITE ALL OF THE PRIOR ATTEMPTS, SO, IN CONCLUSION, MY LAST INSPECTION, THE PROPERTY STILL DOES REMAIN IN VIOLATION AS OF TODAY, AND WE DID MAKE MULTIPLE ATTEMPTS. EVERY COMMUNICATION I HAD WITH HIM WAS AT HIS RESIDENCE. ALMOST EVERY TIME I WOULD STOP BY, I WOULD KNOCK ON THE DOOR AND JUST TRY TO HAVE THAT CONVERSATION. WE DO ACKNOWLEDGE THAT, MR. OCK HAS REMAINED IN GOOD COMMUNICATION. HE DID INDICATE THAT LIMITED FINANCIAL RESOURCES. HOWEVER, THE PROPERTY BEING JOINTLY OWNED WITH ALL OF THE SIBLINGS, THEY ARE ALL RESPONSIBLE FOR BRINGING THE PROPERTY INTO COMPLIANCE, AND IT DOES APPLY TO ALL OF THE OWNERS THAT ARE ON RECORD. SO, DESPITE THE ONGOING OUTREACH, THE VIOLATIONS REMAIN UNCORRECTED, AND NO MEASURABLE PROGRESS TOWARDS COMPLIANCE HAS BEEN DEMONSTRATED. THE PROPERTY CONTINUES TO EXHIBIT EXTERIOR DETERIORATION AND LACK OF MAINTENANCE, CONSISTENT WITH THE ORIGINAL FINDINGS. SO, THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF CODE OF ORDINANCES SECTION 42-117, EXTERIOR STRUCTURE MAINTENANCE, AND 42-116, DUTY TO MAINTAIN PROPERTY, GIVING THE OWNER 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY APRIL 4, 2026. AND THE CITY RECOMMENDS A MOTION TO BE MADE THAT ADMINISTRATIVE FEES TO BE PAID BY THE RESPONDENT AND A FINE OF $25 PER DAY PER VIOLATION, NOT TO EXCEED $50 PER DAY. TO BEGIN ON APRIL 5, 2026. SO I ALSO, IF YOU HAVEN'T HAD A CHANCE TO LOOK AT THE PHOTOS, I WOULD LIKE TO SHOW YOU. SO, CRYSTAL, YOU'RE TELLING ME THAT PEOPLE ARE LIVING IN THIS HOUSE AS IS. YES. I KNOW MR. BRIAN OCK IS LIVING ON THE PROPERTY. DARREN AND BRIAN, WHAT'S THE RELATIONSHIP? FROM MY UNDERSTANDING, I WAS TOLD THAT DARREN AND CHERRY IS MR. BRYAN'S SIBLINGS, AND MR. BRYAN IS THE RESIDENT AT THE PROPERTY. THE STRUCTURE ALMOST LOOKS INHABITABLE. IT DOES HERE. REALLY, THERE'S LEAKING. YEAH, AND THE INCH-THICKENED BLACK MOLD. GOOD, GRACIOUS. OH, YES. AND MR. OCK, I DID TALK TO HIM TODAY, AND I DID MAKE SURE THAT HE WAS FULLY AWARE OF THIS HEARING WAS HAPPENING. I DON'T KNOW IF TRANSPORTATION IS IDEAL FOR HIM TO GET HERE, SO I'M NOT SURE WHAT THE ISSUE IS THERE, BUT I DON'T RECALL SEEING A VEHICLE IN THE DRIVEWAY. PERSONAL QUESTION, IS IT POSSIBLE TO HAVE THE HEALTH DEPARTMENT GO INSIDE THAT HOUSE? I'VE ALWAYS BEEN TOLD BY THE HEALTH DEPARTMENT THAT THERE IS NO JURISDICTION TO DO INTERIOR INSPECTIONS. I JUST CAN'T IMAGINE THE BACTERIA MOLD. HOW OLD IS HE? SURPRISINGLY YOUNGER THAN YOU WOULD EXPECT, [00:30:02] BUT I CAN'T GAUGE THAT. THIS CAN'T BE A HEALTHY SITUATION. I HAVE A QUESTION, I JUST WANNA MAKE SURE I UNDERSTAND. I THINK YOU MENTIONED IT, BUT I MAY NOT HAVE HEARD IT CORRECTLY. SO WE HAVE BRIAN AUK, WHO'S LIVING THERE, LIVING IN THAT HOUSE. YES. AND THIS IS A SIBLING, SO A BROTHER. YES. OKAY. AND SHERRY IS A SISTER. THAT IS MY UNDERSTANDING. OKAY. AT ANY POINT WHEN YOU'RE TALKING ABOUT ALL OF THIS, DOES HE UNDERSTAND THAT LIENS ARE POSSIBLE AS A RESOLUTION? ABSOLUTELY. BECAUSE THEY'RE TALKING ABOUT WANTING TO SELL THIS HOUSE. YES, AND I REALLY DID EXPLAIN ACTUALLY VERY EARLY ON, BECAUSE HE WAS SO LIMITED IN RESOURCES AND IN A RESOLUTION. NOT AS COMMUNICATION OR EFFORT, JUST TRYING TO KNOW WHAT THE NEXT STEP IS. THAT'S REALLY WHY WE'RE HERE TODAY, IS FOR GUIDANCE FROM THE BOARD. HE FULLY UNDERSTANDS WHERE THIS GOES AND WHAT THE NEXT STEPS ARE, EVEN AFTER THE HEARING. AND I WILL ALSO STILL BE ABLE TO STOP BY AND WORK WITH HIM AND EXPLAIN WHATEVER PROCESS AS WE MOVE FORWARD. ANOTHER QUESTION. ARE WE TO ASSUME THAT HE'S ALREADY CURRENT WITH ALL HIS TAXES AND PAY? WE DON'T OFTEN LOOK AT TAXES AND ALL OF THAT. BUT, I MEAN, WE LOOK AT PROPERTY APPRAISERS AND WHATNOT. BUT, I MEAN, THAT IS PUBLIC RECORD. WE'LL ANSWER THAT, MR. CHAIRMAN, IN A SECOND. THEY ARE UNPAID FOR 2024 AND UNPAID FOR 2025. COULDN'T THAT BE A COST FOR A LIEN? NOT BY US. NOT BY US, BUT BY THE CITY. MR. CHAIRMAN, A TAX CERTIFICATE WAS SOLD IN 2024 BECAUSE THE TAXES WERE NOT PAID, AND THE TIME HAS NOT COME YET FOR THE 2025 TAX CERTIFICATE TO BE SOLD. OKAY. SO THEY'VE GOT OTHER... THERE HAVE BEEN TAX CERTIFICATES IN THE PAST THROUGH THE CHAIR THAT HAVE BEEN PAID AND REDEEMED, SO IT SEEMS THEY HAVE A HISTORY OF NOT PAYING TIMELY. SINCE 2016, TAX CERTIFICATES HAVE BEEN ISSUED AND THEN LATER REDEEMED. SO IF THEY FOLLOW THAT, EVEN THE 2023 ONE HAS BEEN REDEEMED. SO IT LOOKS LIKE THEY JUST WAIT UNTIL THE 11TH HOUR AND THEN REDEEM. DOES IT ALSO SAY THAT ALL THREE ARE EQUALLY ON THE DEED? I THINK, WHAT, MS. RIMES IS SPEAKING OF IS, THE PROPERTY APPRAISER HAS CHANGED THE OWNERSHIP TO SHOW ALL THREE AS OWNERSHIP OF THE PROPERTY. AND THIS IS THE ONE WHERE WE BELIEVE A FAMILY MEMBER HAS DIED, CORRECT? IS THAT WHY WE HAVE THIS OWNERSHIP? SO THE THE COUNTY HAS UPDATED ITS RECORDS TO SHOW THAT ALL THREE OF THEM OWN IT. LET ME GET DOWN HERE, SURE? ALSO, WHILE YOU WERE TO AGE, I DIDN'T FEEL LIKE HE WAS AT THE POINT OF BEING ABLE TO RECOMMEND COUNSEL ON AGING. RIGHT. AND I'M LOOKING. THERE IS ACTUALLY A DEED HERE. YEAH. SO, MR. CHAIRMAN, IN THE RECORD IS A LADY BIRD DEED. I'M JUST LOOKING AT THE NASSAU COUNTY RECORDS AND GOING INTO THE NASSAU COUNTY CLERK OF COURT RECORDS. THERE WAS A LADY BIRD DEED ENTERED INTO THE RECORD IN 2005. THAT MADE DONNA AUCK, AUCK THE LIFE TENANT AND THE REMAINDERMAN UPON HER PASSING TO BE SHERRY SIMMONS, DARREN AUCK, BRIAN AUCK. SO THAT'S HOW THEY ARE, THE THREE GRANTEES. SO FROM WHAT'S IN THE RECORD? THE THREE OF THEM, UPON HER PASSING, WOULD HAVE BECOME THE OWNERS OF THE RECORD. AND THEN, AS THE REMAINDERMAN TENANTS, THEY WOULD ALSO HAVE TO BE NAMED. AND EVERYTHING. SO IT LOOKS TO ME LIKE THEY'RE THE OWNER. SO THE QUESTION I HAVE FOR US AS A BOARD IS, I MEAN, THE RECOMMENDATION WE SEE FROM OFFICER RIMES. THIS HOUSE IS NOT GOING TO GET REPAIRED. I MEAN, IT'S NOT GOING TO HAPPEN. SO WHAT WE'LL BE DOING IS HITTING THEM WITH DAILY FINES THAT THEY'RE ALREADY SAYING THEY CAN'T PAY TO FIX THE HOUSE, ADMINISTRATIVE FEES THAT ARE GOING UP THAT I GUESS THEY CAN'T PAY. SO MY QUESTION, IF YOU COULD, JUST, ATTORNEY PRINCE, IF YOU COULD, REMIND ME, WHEN DOES A LIEN PROCESS, HOW DOES THAT KICK IN? AND WHEN WOULD THAT KICK IN IF YOU GO THAT ROUTE AS FAR AS? THE ABILITY OF THE CODE ENFORCEMENT. NOW, WE HAVEN'T SAT DOWN AND COME UP WITH THE PROCESS OF HOW WE'RE GOING TO DO THIS, BUT AT WHAT POINT DO YOU FOLLOW THE LIEN? DO YOU LET IT GET TO A CERTAIN AMOUNT FIRST? I KNOW IT HAS [00:35:01] TO BE A MINIMUM. YEAH, GO AHEAD. WE HAVEN'T DONE THE PROCESS TOGETHER YET. WE'RE GOING TO MAKE IT, EARN IT, MICHELLE. THIS IS HER LAST ONE. THIS IS HER LAST ONE, SO THIS IS GOOD. EXCUSE ME. OKAY, SO TO ANSWER EVERYONE'S QUESTION, I GUESS. OKAY, IN THE STATUTE, IT SAYS IF THE LIEN HAS NOT, NO, EXCUSE ME, IF THE FINES HAVE NOT BEEN PAID UP TO 30 DAYS, THAT WE CAN PUT A LIEN ON THE PROPERTY. A WHILE BACK, I THINK I'VE MENTIONED THIS BEFORE, IT WAS THE BOARD'S PLEASURE TO MOVE IT UP TO 45 DAYS. SO THAT IF THEY DID COME INTO COMPLIANCE, LIKE JUST A COUPLE DAYS AFTER, THAT YOU COULD DECIDE, INSTEAD OF IT GOING TO THE COMMISSION, WHETHER OR NOT TO LESSEN THE FINES OR NOT. THEY WANTED THAT CONTROL, AND I UNDERSTAND WHY. WE HAVEN'T HAD A SITUATION IN QUITE A WHILE, BUT THAT IS, WE TRY. THAT IS THE PROCESS THAT WE TRY AND FOLLOW. I THINK WE'RE PROBABLY BEHIND AT THIS POINT ON RECORDING LANES, OR WE MIGHT HAVE GOTTEN CAUGHT UP. WE ARE STILL BEHIND, YEAH. SO PEOPLE ARE GETTING A LITTLE BIT OF A REPRIEVE FROM THAT. OKAY. AND THEN, TECHNICALLY, AFTER THREE MONTHS, YOU COULD MOVE TO PORT CLOSE ON A PROPERTY. WE DON'T. VERY SELDOM. WE'VE HAD ONE. I THINK ONE FORECLOSURE IN THE TIME THAT I'VE BEEN HERE. OFFICER RIMES, IS THERE ANY CONTACT WITH THE OTHER TWO? SHERRY, I WAS INFORMED BY MR. BRIAN AUCK THAT SHERRY SIMMONS WAS HIS SISTER AND HIS EMERGENCY CONTACT, HIS GO-TO. AND WHEN HE VISITED THE OFFICE, HE WROTE DOWN HER NUMBER AND PROVIDED IT TO MS. CARFAGNO. AND THEN HE ALSO GAVE IT TO ME AS WELL. AND SO THAT'S, I TRIED CALLING NUMEROUS TIMES. NOW I DID, I DID GET A PICKUP ON THE PHONE, BUT THEN IT WAS, AFTER I INTRODUCED, IT WAS A HANG UP. SO THEN I TRIED AGAIN AND JUST DIDN'T GET THROUGH. OKAY. AND NOTHING FROM THE BROTHER. OKAY. I THINK THIS PROBLEM IS WAY ABOVE OUR PAY GRADE AND THIS IS A HEALTH CONCERN. IT REALLY IS. I DON'T, NO MATTER WHAT WE IMPOSE, I DON'T THINK ANYTHING'S GOING TO CHANGE. I'M CONCERNED, TOO. THE OWNER, THE RESIDENT. RIGHT. AND POSSIBLY OTHER PEOPLE. I THINK, YOU KNOW, THE POINT THAT WAS MADE EARLIER ABOUT HURRICANE SEASON, THAT WHOLE ROOF COULD COME OFF AND BE IN SOMEBODY ELSE'S HOUSE. IT'S FLEETING NOW. YEP. MR. CHAIRMAN, IF I MAY, ONE OF THE THINGS ABOUT IMPOSING THE FINE, IF YOU WERE TO FIND THAT THE CASE. HAD THE COMPETENT SUBSTANTIAL EVIDENCE. IT DOES PUT ANY FUTURE BUYER ON NOTICE OF THE FACT THAT CODE ENFORCEMENT IS AWARE OF IT. OBVIOUSLY, THEY WOULD HAVE TO ADDRESS THE LIEN. SO, YOU KNOW, IF IT'S, IT'S NOT SOLELY ABOUT, I MEAN, A LOT OF. IT IS ALSO JUST PUTTING FUTURE BUYERS ON NOTICE, OR AND JUST PUTTING THIS OWNER ON NOTICE THAT THESE ARE THE VIOLATIONS THAT NEED TO BE CORRECTED. SO EVEN IF YOU DON'T THINK IT'S GOING TO COME INTO COMPLIANCE PER SE. IT DOES GET IT ON THE RECORD. IF IT WAS SOLD FOR TAX DEED, THAT WOULD STILL STAND OF WHAT IS IN VIOLATION. ALL THIS RECORD WOULD BE AVAILABLE TO THEM. SO IF YOU FIND TO LIEN IT TODAY, THAT IS A SECONDARY PURPOSE OF IT, IS IT DOES GET IT IN THE RECORD. OKAY, THAT MAKES SENSE. I MEAN, I UNDERSTAND THE HEALTH CONCERNS, BUT I DON'T THINK WE CAN REALLY RULE ON THAT. WE HAVE NO IDEA IF THERE'S A HEALTH ISSUE OR NOT. I UNDERSTAND THAT, YOU KNOW, WHAT YOU'RE SAYING. PUT IT ON THE RECORD, AS FAR AS THE... THE CODE ENFORCEMENT, THE EXTERIOR, WHAT WE DO HAVE DOMINION AND CONTROL OVER. OKAY. THE EXTERIOR. THE ONLY OTHER THING THAT I WAS GOING TO ADD IS THAT WE HAVE ATTEMPTED TO HAVE IT DECLARED UNSAFE, AND WE HAVE NOT BEEN SUCCESSFUL. SO PLEASE KNOW THAT WE DID TRY TO DO THAT. AND WHO DO YOU TRY TO DO THAT WITH? THE BUILDING OFFICIAL. AND WHAT DO THEY SAY? WHY THEY WON'T DO IT AGAIN? IS IT BECAUSE THEY DON'T SEE AN IMMINENT DANGER OF THIS HOME HURTING ANYONE? OR WHAT IS THE REASONING AGAIN? OH. BE HERE, SAY. EVEN STILL. I'M JUST TRYING TO KNOW WHERE THIS IS COMING FROM. I'M TRYING [00:40:01] TO DO THIS CORRECTLY. WE DON'T ALWAYS GET AN ANSWER, BUT ULTIMATELY IT'S HIS DECISION. HE'S THE ONLY ONE WHO CAN MAKE THAT DECISION. AND HE JUST DOESN'T FEEL THAT IT IS WORTHY OF AN UNSAFE STRUCTURE. OKAY. THAT'S THE BEST WAY I CAN PUT IT. SO, YOU KNOW, OFF TOPIC, BUT ON THE RECORD, I HOPE THAT IN THE FUTURE, ESPECIALLY WITH THE SPECIAL MAGISTRATE, OR WHERE WE EVER GO. MOVING FORWARD, THIS ISN'T THE FIRST TIME THAT WE'VE HEARD THAT. THE BUILDING. INSPECTORS DON'T WANT TO GET INVOLVED IN CERTAIN SITUATIONS THAT MAYBE REALLY THEY SHOULD GET INVOLVED WITH. AND IT'D BE GREAT IF THERE COULD BE A BETTER DOVETAIL, YOU KNOW, TO BE A KIND OF RELATIONSHIP BETWEEN THOSE AND MR. CHAIRMAN, THE NEW DEPUTY CITY MANAGER, GLENN AKRAMOV, HAS ALREADY MET WITH ME TO COME UP WITH A PROCESS FOR DEMOLITION. THERE ARE 11 UNSAFE STRUCTURES RIGHT NOW THAT WE HAVEN'T GONE THROUGH THE DEMOLITION PROCESS. WE HAVEN'T DONE THE LIEN. SO HOPEFULLY THOSE EFFORTS AS WELL WILL HELP YOU KNOW, BECAUSE NOW THEY'RE ALL JUST THE ONES THAT HAVE DESIGNATED THAT WAY. NOTHING'S MOVED FORWARD. SO, AND JUST LOOKING AT THE RELATIONSHIP BETWEEN CODE ENFORCEMENT AND THE BUILDING OFFICIALS. SO THAT IS WHERE IT'S IN PROGRESS. EXCELLENT. THANKS FOR THE UPDATE. BOARD, I THINK WE'RE GOING TO MOVE TO ACCEPT THE CITY'S RECOMMENDATIONS. YOU KNOW, WHETHER IT'S 50 OR 25, IT'S NOT GOING TO MAKE A DIFFERENCE. IT'S NOT GOING TO GET PAID. SO LET'S PUT IT AT 25, IN HOPES THAT THEY FIND THE MEANS. YEP, YEP. MY MOTION WOULD BE IN ACCORDANCE WITH THE CITY RECOMMENDATION TO FIND THE RESPONDENT IN VIOLATION OF CODE ORDINANCES SECTION 42-117 EXTERIOR STRUCTURE MAINTENANCE AND 42-116 DUTY TO MAINTAIN THE PROPERTY. WE'LL GIVE THE PROPERTY OWNER 30 DAYS TO COME INTO COMPLIANCE BY APRIL 4TH, 2026. I WOULD RECOMMEND THAT THE VIOLATOR... YOU FIND A AMOUNT OF $25 PER DAY IN ADDITION TO THE ADMINISTRATION FEES TO BEGIN ON APRIL 5TH, 2026. MR. CHAIR? YES. MAY I ASK, THE CITY'S RECOMMENDATION WAS $25 PER DAY PER VIOLATION. PER VIOLATION? OKAY, LET ME CLARIFY THAT. PER DAY, PER VIOLATION. SO $25 PER DAY PER VIOLATION. THANK YOU. TO BEGIN ON APRIL 5TH. IS THAT CORRECT? CORRECT. DO WE HAVE A SECOND TO THAT MOTION? I'LL SECOND THAT. I'M JUST GOING TO REITERATE WHAT WAS JUST SAID. SO, THE MOTION IS MADE TO RESPOND IN VIOLATION OF CODE OF ORDINANCES SECTION 42-117, EXTERIOR STRUCTURE MAINTENANCE, AND 42-116, DUTY TO MAINTAIN PROPERTY, GIVING THE OWNER 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY APRIL 4, 2026. AND THAT ALL ADMINISTRATIVE FEES BE PAID BY RESPONDENT AND A FINE OF $25 PER DAY PER VIOLATION, NOT TO EXCEED $50 PER DAY. TO BEGIN ON APRIL 5TH, 2026. SO, MEMBER THOMPSON? WELL, IT WAS AMENDED TO $25 PER DAY PER VIOLATION. WHICH WAS A NOT TO EXCEED $50, RIGHT? YES. OKAY, SORRY. SO, MEMBER THOMPSON? YES. MEMBER POSTMA? YES. VICE CHAIR FOTIADES? YES. CHAIR STINES? YES. YES. OKAY. CASE PASSED. OUR LAST CASE [5.2 BRYON ROBERTS, PARCEL 00-00-31-1800-0133-0060, CASE 2025-0620.] OF THE EVENING, I BELIEVE, IS BYRON, I'M SORRY, BRIAN ROBERTS, PARCEL 000031, AND A LOT OF NUMBERS AFTER THAT. CASE 2025-0620. OFFICER RIMES? I THINK YOU HAD IT RIGHT ON, BYRON. OKAY. I THINK. ALL RIGHT. SO THIS CASE BEGAN OCTOBER 22ND, 2025. THE INITIAL INSPECTION WAS CONDUCTED BY OFFICER WELLS. THIS IS A VACANT LOT AND IT WAS IN VIOLATION OF 42-116, DUTY TO MAINTAIN PROPERTY. OCTOBER 23RD, A CERTIFIED NOTICE, A VIOLATION OF DISAPPEARING LETTER WAS MAILED, ALLOWING 14 DAYS FOR COMPLIANCE. NOVEMBER 10TH, A NOTICE OF VIOLATION, NOTICE OF HEARING, FOLLOW-UP INSPECTION WAS CONDUCTED AND THE PROPERTY WAS STILL IN VIOLATION. NOVEMBER 18, 2025, THE CERTIFIED MAIL RETURNED TO THE CITY, MARKED UNCLAIMED AND RETURNED TO SENDER. ON DECEMBER 22, A PRE-AGENDA AND CASE TRANSFER INSPECTION WAS CONDUCTED BY MYSELF AND THE PROPERTY REMAINED IN VIOLATION AND NO CHANGES WERE MADE. COMPARED TO THE LAST PHOTOS. 29TH. A SECOND [00:45:02] NOTICE OF VIOLATION, NOTICE OF HEARING, WAS MAILED TO AN UPDATED MAILING ADDRESS. THAT WE DID A LITTLE MORE RESEARCH TO FIND. AND THEN JANUARY 5TH, 2026, CERTIFIED RETURN RECEIPT WAS RECEIVED BY THE CITY, CONFIRMING PROPER SERVICE. JANUARY 12TH, THE RESPONDENT CONTACTED THE CITY AND SPOKE WITH MICHELLE FORSTROM. MR. ROBERTS STATED THAT HE WAS A TRUCK DRIVER AND THAT HE WOULD BE RETURNING TO TOWN AT THE END OF THE MONTH AND HE WOULD ADDRESS IT AT THAT TIME. SO A 30-DAY EXTENSION WAS GRANTED. ON THE 30-DAY EXTENSION INSPECTION, IT WAS CONDUCTED AND IT REMAINED IN VIOLATION. ALL RIGHT, SO. THE CITY HAS MADE MULTIPLE ATTEMPTS TO GAIN COMPLIANCE THROUGH MAIL NOTICES, PAID BY SERVICE, FOLLOW-UP INSPECTIONS, AND GRANTED EXTENSIONS. DESPITE EFFORTS, THE PROPERTY CONTINUED TO REMAIN IN VIOLATION OF SECTION 42-116 OF THE THE CITY CODE. I DID AN INSPECTION TODAY AND NO CHANGES HAVE BEEN MADE AND NO ADDITIONAL CONTACT. WHAT IS THE STRUCTURE ON THE PROPERTY? Y'ALL HAVE SEEN IT BEFORE? IT IS A RESIDENTIAL STRUCTURE THAT WE HAVE A CASE ON. IS THIS ONE OF THE 11 PROPERTIES? THIS IS JUST A VACANT LOT THAT WE'RE TALKING ABOUT. OKAY, SO THAT STRUCTURE IS NOT A PART OF IT. AND TWO COMPLETELY DIFFERENT OWNERS. THANK YOU. YES. SO, THE CITY RECOMMENDS A MOTION TO BE MADE TO FIND THE RESPONDENT IN VIOLATION OF SECTION 42-116, DUTY TO MAINTAIN PROPERTY, ALLOWING 30 ADDITIONAL DAYS TO COME INTO COMPLIANCE BY APRIL 4, 2026. THE CITY RECOMMENDS A MOTION TO BE MADE THAT ALL ADMINISTRATIVE FEES TO BE PAID BY THE RESPONDENT AND A FINE OF $100 PER DAY. TO BEGIN ON APRIL 5, 2026. AND REALLY, MY PICTURES THAT I TOOK TODAY LOOK EXACTLY THE SAME AS IN THE PACKET. BUT CAN I ASK WHY YOU BUMPED IT TO 100 VERSUS THE TYPICAL AMOUNT? IT'S THAT EXCESSIVE? WHY, WHAT? YOU'RE $100 A DAY, FINE, THE RECOMMENDATION. IT'S JUST AS EXCESSIVE AS WE CAN EVEN IMAGINE? WELL, I MEAN, THIS IS MY SECOND HEARING, AND WHAT I DO MIGHT BE DIFFERENT THAN WHAT A STANDARD HAS BEEN SET IN THE PAST. I FELT LIKE THIS WAS A FAIR AMOUNT, $100 PER DAY. HE LIVES IN JACKSONVILLE. HE'S NOT, YOU KNOW, OUT OF STATE OR ANYTHING OF THAT NATURE. YOU KNOW, I THINK THAT'S FAIR. HE HAS BEEN PUT FOR CALCITRANT, AND ALL HE HAS TO DO IS FIND A HIGH SCHOOL KID WITH A LAWNMOWER. A LITTLE CHANGE IN COMPLIANCE. THIS HAS BEEN GOING ON FOR SIX YEARS. OCTOBER. OCTOBER. LET THE CITY REST. I THINK IN 30 DAYS HE CERTAINLY CAN FIND SOMEBODY WITH A LAWNMOWER. I'M GOING TO MAKE A MOTION. ANY OTHER QUESTIONS? NO. I'D LIKE TO MAKE A MOTION. THE RESPONDENT IS IN VIOLATION OF CODE ORDINANCES SECTION 42-116, DUTY TO MAINTAIN THE PROPERTY, GIVING THE OWNER ADDITIONAL 30 DAYS TO COME INTO COMPLIANCE BY APRIL 4, 2026. THE COMMISSION ACCEPTS THE CITY RECOMMENDATION FOR ADMINISTRATION FEES TO BE PAID BY THE RESPONDENT AND A FINE OF $100 PER DAY. TO BEGIN ON APRIL 5, 2026. WE DO HAVE A SECOND FROM VICE CHAIR. OKAY. OKAY, SO YOU'RE FINDING THE PROPERTY IN VIOLATION OF 42-116, GRANTING ADDITIONAL 30 DAYS UNTIL APRIL 4TH, 2026, TO BRING THE PROPERTY INTO COMPLIANCE, ASSESSING ADMINISTRATIVE FEES, AND A FINE OF $100 PER DAY TO BEGIN APRIL 5TH, 2026, IF THE PROPERTY IS NOT IN COMPLIANCE. SO, MEMBER THOMPSON? YES. MEMBER POSTMA? YES. VICE CHAIR FOTIADES? YES. CHAIR STINES? YES. OKAY. [6. BOARD BUSINESS] PASSED. IS THERE OTHER BOARD BUSINESS THAT WE HAVE TO CONTEND WITH RIGHT NOW? I DO [00:50:01] HAVE A QUESTION. I HAVEN'T THOUGHT ABOUT ANYTHING HERE TONIGHT. ONCE THE MAGISTRATE TAKES OVER, WILL HIS HEARING OF THE CASES, WILL THAT BE TELEVISED? WE ARE STILL WORKING ON THAT. HAVE WE TALKED TO THE CLERK ABOUT WHETHER OR NOT THEY WOULD TELEVISE THESE? NOT YET. WE'VE SELECTED THE DATE BECAUSE IT STARTS MAY 1ST, AND WE'VE SECURED THE DATE AND THE TIME, AND, YOU KNOW IT'S STILL ON OUR AGENDA TO WORK WITH THE CLERK'S OFFICE OF WHETHER OR NOT IT WILL BE TELEVISED, WHETHER OR NOT HOW EXACTLY WE'RE GOING TO HANDLE IT. THIS ONE'S TELEVISED, CORRECT? SURE, IF YOU KNOW MORE. WE'RE GETTING THERE. WE'RE GETTING TO THAT POINT. LET ME SAY SOMETHING BEFORE SHE BEGINS. I WANT TO PUBLICLY THANK YOU FOR EVERYTHING THAT YOU'VE DONE FOR THIS COMMUNITY. THANK YOU. YOU ARE A SUPERSTAR. OH MY GOSH, THANK YOU SO MUCH. I DON'T HEAR THINGS LIKE THAT VERY OFTEN. THANK YOU. I APPRECIATE THAT. YOU'RE AT THE WRONG COMPANY. I GET A LITTLE PRAISE EVERY NOW AND THEN. WHAT WAS I UP HERE FOR? WHETHER OR NOT IT WILL BE TELEVISED. IT GETS WORSE. OKAY, SORRY. IT GETS WORSE. SEE, IT HAPPENS TO ME, TOO. I BELIEVE IT PROBABLY WILL BE. AT THE TIME THAT THEY DECIDED TO TELEVISE OTHER MEETINGS AND HEARINGS AND SO FORTH, THIS WAS DEFINITELY ON THE LIST. SO I DON'T SEE THEM, NOT. TELEVISING IT? BUT WE CAN FIND OUT WHEN YOU GUYS AN EMAIL, OR WE CAN, OR THEY CAN TELL YOU AT THE NEXT MEETING. NOW WE'RE HEARING, BUT ALL I CAN, WE CAN GIVE YOU AN ANSWER TOMORROW. I GUESS WHAT I WAS THINKING IS, YOU KNOW, I HATE TO SEE THIS PROCESS GO TO LIKE A MILITARY TRIBUNAL. I DON'T THINK IT'S GOING TO. THEY THINK SO HIGHLY OF ATTORNEYS, DON'T THEY? YOU GUYS' REPUTATION AND ALL. IF I MAY, MR. CHAIRMAN, THEY HAVE DECIDED TO WORK WITH MR. HARRISON POOLE. HIS, EVERY, EVERY FISCAL YEAR, I TAKE ENGAGEMENT LETTERS FROM ATTORNEYS AND HIS ENGAGEMENT LETTER. BECAUSE HE WAS ALREADY HANDLING SPECIAL MAGISTRATE CASES THAT WEREN'T TO COME TO THIS BOARD, BUT WERE IN OUR CODE PREVIOUSLY TO GO TO A SPECIAL MAGISTRATE. HIS ENGAGEMENT LETTER WITH ME INCLUDES THAT. SO HE WILL START IN MAY AS THE SPECIAL MAGISTRATE, AND WE INTEND TO USE HIM NEXT YEAR. HE'LL JUST, YOU KNOW, WHEN HE REAPPLIES NEXT YEAR. SO, AND HE IS CURRENTLY DOING IT FOR THE COUNTY. AND I THINK IT MIGHT BE TWO YEARS NOW THAT HE'S DONE IT FOR THE COUNTY. THAT SOUNDS RIGHT. YEAH. SO HE HAS BEEN SUCCESSFULLY HANDLING IT WITH THE COUNTY, AND HE WILL BE HANDLING IT FOR US. SO THAT, AT LEAST, YOU KNOW, IT'S A LOCAL ATTORNEY THAT HAS EXPERIENCE AND HAS HANDLED. I THINK WE TALKED ABOUT LAST TIME, SINCE I'VE BEEN HERE, I'VE BEEN IN FRONT OF HIM THREE TIMES, AND IN ONE TIME, HE FOUND THAT THE CODE DIDN'T REALLY SUPPORT THE EVIDENCE. FOR BOTH VIOLATIONS, BUT FOR ONE, THE SECOND TIME WAS THE SAME WAY WE WERE IN. TRADE DID FOUND THAT THE CITY WASN'T INTERPRETING THE CODES CORRECTLY, SO HE FOUND HALF FOR THE CITY AND HALF FOR THE THE OWNER. AND THEN THE THIRD TIME THE CITY PREVAILED BECAUSE THE CODE WAS STRONG AND AND WE WERE INTERPRETING IT CORRECTLY, ACCORDING TO THE MAGISTRATE. SO THOSE HAVE BEEN THE THREE OUTCOMES SINCE I'VE BEEN HERE IN THE PAST SIX MONTHS. GREAT THANK YOU ON BEHALF OF THE BOARD, MICHELLE, I'D ALSO LIKE TO SAY THANK YOU ON BEHALF OF THE BOARD FOR, I THINK, WHAT, MORE THAN 20 YEARS OF SERVING OUR COMMUNITY. AND MANY TIMES YOU'VE THANKED US. YES. AND YOU SAY THAT IT'S THANKLESS SOMETIMES, AND IT IS SOMETIMES, SEEMS THAT WAY. BUT IT'S REALLY NOT THANKLESS. IT'S JUST UNDERAPPRECIATED, PERHAPS. AND YOU'VE REALLY BEEN A SHINING STAR. AND FOR US. YOU'VE BEEN FANTASTIC. I SPEAK NOT JUST FOR MYSELF, BUT I THINK FOR EVERYBODY UP HERE. THANK YOU VERY MUCH, MICHELLE. I HOPE YOU ENJOY YOUR RETIREMENT. YEP, YEP. OH, I WILL. THANK YOU. WE'RE GOING TO FOLLOW YOU. I MIGHT FOLLOW YOU. YEAH, EVERYONE KNOWS WHERE I LIVE. THANK YOU. THANK YOU VERY, VERY MUCH. IT HAS BEEN A PLEASURE. IT REALLY HAS. THANK YOU. OKAY. WHY DON'T YOU JUST COME NEXT? IF YOU WANT TO HANG OUT WITH US, WE'LL DO THAT. I'LL ENTERTAIN A MOTION TO ADJOURN. MOTION TO ADJOURN. OH, SO, EVERY TIME YOU DO IT, BEAT ME TO IT THIS TIME. I'LL JUST DO A SECOND. MARCH 5TH HERE? YEP, WE'RE ON. IT'S ADJOURNED. THANK YOU, GENTLEMEN. * This transcript was compiled from uncorrected Closed Captioning.